"Leaders of the Texas Trial Lawyers Association, aware of their negative image, made a deliberate decision to stay out of public view on a controversial ballot measure to cap lawsuit damages. ... 'This program that has been put together relies on non-lawyers bringing the message to the public. To make this program work we must vow to not communicate with the public media or in a public forum at all regarding the amendment election. NO LAWYERS -- NO EXCEPTIONS,'" read an email describing a TTLA strategy meeting.

However, someone forgot to tell the members of the TTLA this decision.

I refer to a 'letter to the editor' in this morning's edition of the San Antonio Express-News, (09.07.03) by a Rev. Canon C. Don Baugh concerning this topic. Here goes...

ATTORNEYS BUSY
"Being somewhat of a cynic, I have looked up the names of those writing letters opposing Proposition 12 in the present referendum. Guess where I found so many of those names.....in the Yellow Pages' under 'Attorney at Law"!

While he doesn't elaborate on his findings, it is interesting to note they (trial lawyers) indeed are active in opposing this measure to limit damage awards. To answer the Question of "is it Clever Subterfuge or just Smart Marketing?".....smart marketing looks good on the surface (TTLA leaders decision) but it is subterfuge that will win the day.

Neither. The marketing isn't smart and the subterfuge isn't clever.